Please help me on followig Issues:
My father in his life purchase all the property by himself and jointly resistered some property in the name of both the brother (i.e me and my brother's name).
But one House they have build in my brother's name, and also one plot of land which is approx 2 bigha is his name.
One House is in my mother's name. and two plots are also in my mother's name.
The problem is that :
As today my father is no more, he was passed away 2 years back, and I don't have any Will of him. Verbally mya father said to me that I was making this house for him, and the house which is in my mother that is you keep. You both will be individual settled.
As I am elder son, I request my mother that your younger son already had one house in his name as well as 2 bigha of land in his name. You must make a Will so that after your demise your house will be in my name.
But today brother say this is my mother property and I need fifty % of this. He say the house which is in his name was build by father for him (was a gift from father). even more that 7 lac of rupee was been invested in that house during the construction of that house was also generated by saleing only plot which was in my name.
Now father is no more, mother is also not supporting me, How can I get a solution to this problem.
Is there any legal procedure, to claim my right on the property.
Dear Querist,
The house is benami in your mother's name as the consideration of the same came from your father. It is considered to be her exclusive property as it stands in her name, notwithstanding the fact that it was your father who paid the consideration for the same. She is, therefore, at liberty to deal with it in the manner she desires. A bequest by her in favour of your brother would be a valid bequest. In order to cull out your own share in the property you shall have to prove that the consideration of the same came from your father's self earned money. There is a heavy onus placed upon the shoulders of a person who sets up a claim that the property is a benami property. You have to lead unimpeachable evidence to prove that the house was construced in your mother's name by your father from his funds, and your mother was to hold it for your benefit. Consequent upon you discharging this heavy burden, the property will be declared to be your father's property, and you would get an equal share in it.
Regards,
Ashish Davessar
Advocate
You should file a suit for partition claiming share to the tune of 1/3rd in both the properties, if your mother resists giving the property to you by either will or gift.
